Decision by the Ninth U.S. Circuit Court of Appeals - Summon
To read the full text of this interesting decision, please click on the link, below.
"Summons, Complaint Not ‘Delivered’ by Email Telling of Filing, With Link to Documents." MetropolitanNews-Enterprise, Metropolitan News Company, June 3, 2019, http://www.metnews.com
"Ninth Circuit:
Summons, Complaint Not ‘Delivered’ by Email Telling of Filing, With Link to Documents
Ruling Comes in Case Where Plaintiff Who Sued Postal Service Rather Than Government Asserted That
Pleading Naming Correct Party Related Back to Original Filing
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals has affirmed the dismissal with prejudice of a woman’s action
based on slip-and-fall injuries incurred at a Postal Service office, holding that a court-generated
notice of electronic filing sent to the U.S. Attorney’s Office, with a link to the summons and
complaint, did not constitute “delivery” of the documents within contemplation of the relevant rule.
A three-judge panel on Thursday rejected the appellant’s contention that the “advent of new
technology—the court’s new electronic filing system,” calls for a fresh interpretation of a
longstanding requirement which came into play in the case.
..."